Di Magnio v. Jefferson & Clearfield Coal & Iron Co.

Citations

• 251 Pa. 321
• 96 A. 746
• 1916 Pa. LEXIS 468

Syllabus

<p>Negligence — Master and servant — Moving machinery — Guards— Act of May 2, 1905, P. L. 852 — Contributory negligence.</p> <p>In an action by an employee against a coal company to recover damages for personal injuries sustained while engaged in oiling moving cog-wheels, the fact that plaintiff attempted to perform such duty with a coat thrown loosely around him with the sleeves dangling at the sides and one of the sleeves caught in the wheels and caused the injury complained of, convicts him of contributory negligence and precludes him from recovering from his employer, even though the latter has not properly guarded the wheels as required by the Act of May 2, 1905, P. L. 352.</p>